Universal Workers Union, L.I.U.N.A. Local 183 v. Steel Technologies Framing Inc.
Parties
3809-99-R Universal Workers Union, L.I.U.N.A. Local 183, Applicant v. Steel Technologies Framing Inc., Responding Party.
BEFORE: David A. McKee, Vice‑Chair, and Board Members J. G. Knight and A. Haward.
DECISION OF THE BOARD; March 27, 2000
Decision
1It has come to the Board’s attention that the decision of March 24, 2000 in this file contains a typographical error. The decision is revoked and the following substituted therefor.
2This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995 (the "Act").
3The Board has not found the applicant to be a trade union within the meaning of section 1(1) and section 126 of the Act, and accordingly, any ballots ultimately cast in a representation vote will be sealed until such status has been established.
4In addition, the membership evidence is problematic. The form of evidence is a slip of paper headed “Application for Membership/Universal Workers Union/In the Labourers’ International Union of North America” (the italicized words are handwritten). The applicant purports to be a local union. Membership in an international union is not membership in a local of that international. The text of the application includes the sentence “I hereby make application to become a member of the Labourers’ International Union of North America Local 183”. This is not the name of the applicant.
5There is no evidence in the file that Notice to Employees of this application has been posted. The applicant is directed to advise the Board forthwith of the details of any posting on the job site. An absence of posting may, of course, cause the Board to disregard, or not to count, ballots cast in a representation vote.
6The responding party, although duly served with the application material on March 21, 2000, according to the certificate of delivery filed by the applicant, failed to file its response with the Board within the time stipulated by Rule 135 of the Board's Rules of Procedure.
7It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of a union which may or may not be the applicant at the time the application was made.
8The Board further finds that this application does not relate to the industrial, commercial and institutional sector of the construction industry referred to in section 126 of the Act.
9The Board further finds that all journeymen and apprentice carpenters and construction labourers in the employ of the responding party in all sectors of the construction industry in the City of Toronto, the Regional Municipalities of Peel and York, the Towns of Oakville and Halton Hills and that portion of the Town of Milton within the geographic Townships of Esquesing and Trafalgar, and the Towns of Ajax and Pickering in the Regional Municipality of Durham, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman, constitute a unit of employees of the responding party appropriate for collective bargaining.
10Having regard to the Board's finding as to the appropriate bargaining unit, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all journeymen and apprentice carpenters and construction labourers in the employ of Steel Technologies Framing Inc. in all sectors of the construction industry in the City of Toronto, the Regional Municipalities of Peel and York, the Towns of Oakville and Halton Hills and that portion of the Town of Milton within the geographic Townships of Esquesing and Trafalgar, and the Towns of Ajax and Pickering in the Regional Municipality of Durham, excluding the industrial, commercial and institutional sector, save and except non-working foremen and persons above the rank of non-working foreman.
11The vote will be held on March 28, 2000. Vote arrangements are set out on the attached "Notice of Vote and of Meeting".
12The responding party is directed to post copies of the application for certification, the “Notice to Employees of Application for Certification”, this decision and the "Notice of Vote and of Meeting" in a location or locations where they are most likely to come to the attention of those individuals who are eligible to vote. These copies must remain posted for 30 days.
13All individuals who were employed by Steel Technologies Framing Inc. and at work in the voting constituency on March 20, 2000 are eligible to vote.
14Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
15Any party or person who wishes to make representations to the Board about any issue relating to the application for certification which remains in dispute, other than status disputes, must file a detailed statement of representations and all material facts upon which they rely with the Board and deliver it to the other parties, so that it is received within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 9: Status Disputes in Certification Applications in the Construction Industry.
16This matter is referred to the Registrar.
“David A. McKee”
for the Board